The office of fire marshal is hereby created. Such office shall
be independent of other city departments, the fire marshal reporting
directly to the mayor, city administrator and city council.
(Ordinance 178, sec. 1, adopted 11/10/92)
The fire marshal shall investigate the cause, origin and circumstances
of every fire occurring within this city by which property has been
destroyed or damaged, and shall especially make investigation as to
whether such fire was the result of carelessness or design. Such investigation
shall be begun within 24 hours, not including Sunday, of the occurrence
of such fire. The fire marshal shall keep in his office a record of
all fires, together with all facts, statistics and circumstances,
including the origin of the fires and the amount of the loss, which
may be determined by the investigation required by this article.
(Ordinance 178, sec. 2, adopted 11/10/92)
Occupations Code sec. 2154.253(d); preparing and conducting
public displays, 28 Tex. Admin. Code sec. 34.826.
The fire marshal, when in his opinion further investigation
is necessary, shall take or cause to be taken the testimony, on oath,
of all persons supposed to be cognizant of any facts or to have means
of knowledge in relation to the matter under investigation, and shall
cause the same to be reduced to writing; and if he shall be of the
opinion that there is evidence sufficient to charge any person with
the crime of arson, or with the attempt to commit the crime of arson,
or of conspiracy to defraud, or criminal conduct in connection with
such fire, he shall cause such person to be lawfully arrested and
charged with such offense or either of them, and shall furnish to
the proper prosecuting attorney all such evidence, together with the
names of witnesses and all of the information obtained by him, including
a copy of all pertinent and material testimony taken in the case.
(Ordinance 178, sec. 3, adopted 11/10/92)
The fire marshal shall have the power to summon witnesses before
him to testify in relation to any matter which is by the provisions
of this article a subject of inquiry and investigation, and may require
the production of any book, paper or document deemed pertinent thereto.
The fire marshal is hereby authorized and empowered to administer
oaths and affirmations to any persons appearing as witnesses before
him.
(Ordinance 178, sec. 4, adopted 11/10/92)
Any witness who refuses to be sworn, or who refuses to appear
or testify, or who disobeys any lawful order of said fire marshal,
or who fails or refuses to produce any book, paper or document touching
any matter under examination, or who is guilty of any contemptuous
conduct during any of the proceedings of the fire marshal of the matter
of said investigation or inquiry, after being summoned to give testimony
in relation to any matter under investigation as aforesaid, shall
be deemed guilty of a misdemeanor; and it shall be the duty of the
fire marshal to cause all such offenders to be prosecuted. Any person
being convicted of any such misdemeanor shall be fined in a sum not
exceeding $200.00. Provided, however, that any person so convicted
shall have the right of appeal.
(Ordinance 178, sec. 5, adopted 11/10/92)
All investigations held by or under the direction of the fire
marshal may, in his discretion, be private, and persons other than
those required to be present may be excluded from the place where
such investigation is held, and witnesses may be kept separate and
apart from each other and not allowed to communicate with each other
until they have been examined.
(Ordinance 178, sec. 6, adopted 11/10/92)
The fire marshal shall have the authority at all times of day
or night, when necessary, in the performance of the duties imposed
upon him by the provisions of this article, to enter upon and examine
any building or premises where any fire has occurred, and other buildings
and premises adjoining or near the same, which authority shall be
exercised only with reason and good discretion.
(Ordinance 178, sec. 7, adopted 11/10/92)
The fire marshal, upon complaint of any person having an interest
in any building or property adjacent and without any complaint, shall
have a right at all reasonable hours for the purpose of examination,
to enter into and upon all buildings on premises within the city,
and it shall be his duty, monthly or more often, to enter upon and
make or cause to be entered and made, a thorough examination of all
mercantile, manufacturing and public building or other structure which,
for want of repair, or by reason of age or dilapidated condition,
or for any cause, is especially liable to fire, and which is so situated
as to endanger other buildings or property, or so occupied that fire
would endanger persons or property therein, and whenever he shall
find an improper or dangerous arrangement of stoves, ranges, furnaces
or other heating appliances of any kind whatsoever, including chimneys,
flues, and pipes with which the same may be connected, or a dangerous
arrangement of lighting devices or systems, or a dangerous or unlawful
storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous
chemicals, vegetable products, ashes, combustible, inflammable and
refuse materials, or other conditions which may be dangerous in character
or liable to cause or promote fire or create conditions dangerous
to the firefighters or occupants, he shall order the same to be removed
or remedied, and such order shall be forthwith complied with by the
owner or occupant of such building or premises. Provided, however,
that if said owner or occupant deems himself aggrieved by such order,
he may, within five days, appeal to the mayor, who shall investigate
the cause of the complaint and unless by his authority the order is
revoked, such order shall remain in force and be forthwith complied
with by said owner or occupant. At the end of each month the fire
marshal shall report to the state fire marshal all existing hazardous
conditions, together with a separate report on each fire in the city
during the month.
(Ordinance 178, sec. 8, adopted 11/10/92)
Any owner or occupant of a building or other structure or premises,
who shall keep or maintain the same when, for want of repair, or by
reason of age or dilapidated condition, or for any cause, it is especially
liable to fire, and which is so situated as to endanger buildings
or property of others, or is especially liable to fire and which is
so occupied that fire would endanger other persons or their property
therein, shall be punished by a fine of not less than $25.00 nor more
than $200.00.
(Ordinance 178, sec. 9, adopted 11/10/92)
Any owner or occupant of any building or other structure, or
premises, who shall keep or maintain the same with an improper arrangement
of a stove, range, furnace, or other heating appliance of any kind
whatever, including chimneys, flues, and pipes with which the same
may be connected, so as to be dangerous in the matter of fire, or
health or safety of persons or property of others; or who shall keep
or maintain any building, other structure or premises with an improper
arrangement of a lighting device or system or with a storage of explosives,
petroleum, gasoline, kerosene, chemicals, vegetable products, ashes,
combustibles, inflammable materials, refuse, or with any other condition
which shall be dangerous in character to the persons, health or property
of others; or which shall be dangerous in the matter of promoting,
augmenting or causing fires; or which shall create conditions dangerous
to firefighters, or occupants of such buildings, structures or premises
other than the maintenance thereof, shall be punished by a fine of
not less than $25.00 nor more than $200.00.
(Ordinance 178, sec. 10, adopted 11/10/92)
No prosecution shall be brought under sections 34-54 and 34-55 until the order provided for in section 34-53 is given, and the party notified shall fail or refuse to comply with the same.
(Ordinance 178, sec. 11, adopted 11/10/92)
The penalties provided for herein shall be recovered by the
city in the same manner as provided by law for the enforcement of
fines, forfeitures, and punishments for offenses against the city.
(Ordinance 178, sec. 12, adopted 11/10/92)
All misdemeanors herein provided for shall be prosecuted, and
all fines and forfeitures herein provided for shall be recovered and
enforced, in the same manner as provided by law for the enforcement
of fines, forfeitures, penalties and punishments for offenses generally
against the city.
(Ordinance 178, sec. 14, adopted 11/10/92)
